Madras High CourtAS/233/2011disposed of in memo of compromise

S.Pugalendi v. R.Ramanlal

2022-06-06Honourable Mr Justice R. Subramanian,Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and M.P.No.1 of 2011 1.S.Pugalendi 2.S.Ganesan 3.P.Govindaraj .... Appellants -vs1.R.Ramanlal 2.K.N.Shanmugam 3.S.Jayakumar .... Respondents Appeal Suit filed under Section 96, read with Order XLI Rule 1 of C.P.C., against the judgment and decree dated 30.06.2010 made in O.S.No.180 of 2010 on the file of the District Court No.II, Kancheepuram.

For Appellants :

Mr.A.Abdul Hameed for M/s.AAV Partners For Respondents :

Mr.C.Umasankar (For R1) Mr.K.Govi Ganesan (For RR2 & 3) 1/4

J U D G M E N T

[Judgment of the Court was delivered by V.M.VELUMANI,J.] The appellants filed O.S.No.180 of 2010 on the file of the District Court No.II, Kancheepuram (originally O.S.No.134 of 2008 on the file of the Principal District and Sessions Judge, Chengalpattu) for specific performance of agreement of sale dated 06.12.2006 and for declaration of two sale deeds both dated 16.04.2007 bearing Document Nos.3111 & 3112 of 2007 on the file of the Sub Registrar, Kancheepuram, as sham and nominal and not binding on the appellants. The said suit was dismissed by the judgment and decree dated 30.06.2010. The appellants filed the present appeal challenging the said judgment and decree. Pending appeal, the matter was referred to mediation. The appellants and respondents have arrived at compromise and filed memo of compromise in the mediation centre. The said memo of compromise is enclosed with a report of the Mediator.

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2.The learned counsel appearing for the appellants as well as the respondents submitted that they have settled the matter before the Mediator and filed joint memo of compromise and prayed for disposal of the First Appeal.

3.Considering the above submissions of the learned counsel appearing for the appellants as well as the respondents, the memo of compromise is taken on file and the same is recorded. Accordingly, the appeal is disposed of, recording the memo of compromise. The memo of compromise shall form part of the decree. Consequently, the connected Miscellaneous Petition is closed. No costs.

(V.M.V., J) (R.S.M., J) 06.06.2022 Index : Yes/No gsa To The Judge, District Court No.II, Kancheepuram.

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V .M.VELUMANI, J.

and R.SUBRAMANIAN, J.

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